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By OBIDIKE JERRY
“First they came for the Communists, and I did not speak up, because I was not a Communist. Then, they came for the Trade Unionists and I did not speak up because I was not a Trade Unionist. Then they came for the Jews and I did not speak up because I was not a Jew. Then they came for the Catholics and I did not speak up because I was a Protestant. Then they came for me and by that time there was no one left to speak for me.” —Martin Niemoller (1892-1984)
The matter between Department of State Security (DSS) and Dr. Ifeanyi Ubah, Managing Director/CEO, Capital Oil and Gas, demands the attention of well-meaning Nigerians because of the obvious fundamental breaches of our constitution, rule of law, patriotism, and our quest to scale up our position on the World Bank Ease of Doing Business ladder where Nigeria is rated 169 out of 196 countries in the world. Ubah, according to reports, has a business relationship with NNPC whereby NNPC uses Ubah’s farm tanks to temporarily store its products especially the PMS, petrol in lay man’s language, for a commission. The DSS angle to this arrangement is, perhaps, better taken from Ubah’s lawyer.
According to Ubah’s lawyer, Barrister Oluyede: “Ubah continues to remain in incarceration by the DSS unjustifiably because he has done nothing criminal. According to the claim of the DSS he has released some product into the market which according to them belonged to the NNPC. Now this product even if it is true that he released it into the market to save the nation from a crisis of shortage. Now they claim that product is worth N11 billion. Now they themselves admit that they are owing him N14-N16 Billion. I don’t know what kind of business sense, that is, he must pay them first. He must pay their own N11 billion first before they will consider paying his own N16 billion. And it is for that reason that they got DSS, because they are government parastatal, to arrest and detain him and to paint him like a criminal when they know that he has done nothing wrong”, Oluyede said.
However, DSS claims that Ubah committed economic sabotage by selling NNPC product in its care and with-holding the money. But Ubah and his lawyers bluntly denied the accusation insisting that it is a case of abduction by DSS. And that the DSS is going beyond its constitutional mandate by using coercion, to get their client to pay NNPC.
Where does this accusation and counter-accusation leave us-Nigerians who are desirous of getting to the truth where there is no neutral arbiter? Nigerians want to get to the truth of the matter but the DSS approach, to me, will not lead to the unraveling of truth because of obvious absence of due process. Let us begin from the beginning. Nigeria runs a constitutional democracy. This means that our constitution serves as the umbrella-to protect, and as compass-to direct, both the leaders and the led as they strive to work for the growth and development of our country, Nigeria. This must be noted and respected at all times in the way and manner we run our national life. No cherry picking, no half measures otherwise we might foist anarchy and or a helpless situation on our hands. Rule of law and not rule of force is the only guarantee for a smooth and orderly progression in our country.
Following from the above, if a misunderstanding develops between the state and an individual or between one individual and another, is it not wise to resort to our constitution in terms of finding a solution to the dispute? The dispute between Ubah and NNPC, simply put, is a business relationship that has gone bad and requires amicable settlement. And any third party coming into it from a different mindset will definitely send a wrong signal to observers. Fortunately for us, our constitution and (best) business practice, provide solution in matters like this. The parties are supposed to first resort to accounts reconciliation and/or arbitration and where that fails should proceed to law court for adjudication.
DSS has no role to play in this matter since Ubah has denied the accusation of economic sabotage and NNPC has not come out to say it is not indebted to Ubah/Capital Oil. Or is DSS saying that Ubah and his lawyers are lying when they said that the issue is that of reconciliation of accounts? If that is the case what is the DSS ‘correct’ version of the story or case? Ordinarily, answers to these questions are supposed to have come from the court but because Ubah is in DSS custody, we deem it necessary to ask them so that we will know what is happening?
By keeping Ubah in its custody since May 7, 2017, is the DSS saying it is carrying out the reconciliation there? Or if we go by the DSS version of the story that Ubah committed economic sabotage and that DSS is investigating the matter, is DSS telling us that it is proper to first take in a suspect into its custody and then begin to gather evidence to establish culpability?
By the way, how does all of this help the federal government strive to improve Nigeria’s poor position in the World Bank’s ease of doing business report, a matter that led to the signing of three executive orders recently by the acting president Professor Yemi Osinbajo? This observation is apt because how we resolve disputes is key to the realization of this goal. Recall that when the vice president signed some executive orders recently some discerning Nigerians gave a sigh of relief; that government is about to depart from the rule of whims and caprices of people in government and power. They saw the action as a new dawn of due process and best practices, a complete departure from personalization of government and governance, and a complete paradigm shift from the old way government is run. DSS must be abreast of this new direction.
It is unfortunate that DSS is not abreast of this new direction of government. DSS has kept Ubah in its custody since May 7, 2017 in the name of carrying out investigation. It has defied court orders urging it to produce Ubah to court or release him within 48 hours by getting another court order to continue to hold him.
DSS cannot claim it is acting based on patriotism. Patriotism is not beholden to an individual or group. Patriotism means loyalty to one’s country, Nigeria. In this instance, it means operating according to the constitution of the country. If our constitution says that a person who is alleged to have committed a crime is presumed innocent until proven guilty in a court of competent jurisdiction, that provision must be respected. If the constitution guarantees freedom to a Nigerian and in the case that Nigerian is suspected to have breached the laws of the land, the individual shall not be denied of this freedom for more than 72 hours without recourse to the court. That provision must also be respected as well.
Jerry writes from Lagos.
